Allowed

Nishar Ahamad @ Raju and Another v. State of U.P.

Allahabad HC13 May 2019BAIL/6997/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the High Court allowed the bail prayer of the accused accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, finding that the case is made out based on the facts and circumstances.

What did the court decide?

Release of the applicants on bail on furnishing a personal bond and two sureties each on specified conditions.

Nishar Ahamad @ Raju and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6997 of 2019

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Applicant :- Nishar Ahamad @ Raju And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Singh,Dhirendra Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the applicant, Sri K.K. Rajbhar, learned A.G.A. and perused the record.

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By means of this application, the accused-applicants, Nishar Ahamad @ Raju and Naveen Kumar, who are involved in Case Crime No. 03 of 2019, under Sections 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 Police Station-Alinagar, District-Chandauli, are seeking enlargement on bail.

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Learned counsel for applicants argued that accused-applicants are innocent; there is only one case in the Gang Chart against the applicant no.1, Nishar Ahamad @ Raju, in which he has already been granted bail and two cases against applicant no.2, Naveen Kumar, and in both of those cases, he is also on bail and there is no other case on the basis of the Gang Chart; there is no chance of their fleeing from the course of justice and tampering with the evidene in case they are released on bail, hence bail has been prayed for.

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Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts that in the Gang Chart there is only one case against applicant no.1, Nishar Ahamad, in which he is already on beail and two cases against applicant no.2, Naveen Kumar, in which he is also on bail.

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Under all above facts and circumstances and considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, case for bail is made out. Accordingly, this bail application is allowed.

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Let the applicants, Nishar Ahamad @ Raju and Naveen Kumar, involved in above mentioned case crime number be released on bail on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:

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The applicants will not tamper with the evidence.

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The applicants will not indulge in any criminal activity.

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The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.

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Order Date :- 13.5.2019

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bgs/

Nishar Ahamad @ Raju and Another v. State of U.P.

Case brief

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Nishar Ahamad @ Raju and Another v. State of U.P.

Case brief

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